Schafer v. Albro

Order unanimously modified on *901the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court properly denied that part of defendant’s motion seeking partial summary judgment dismissing the cause of action alleging breach of a real estate contract between the parties. Although the alleged contract is not in writing or subscribed by plaintiffs (see, General Obligations Law § 5-703 [2]), plaintiffs allege in their verified complaint that they had possession of the property; made part payment of the purchase price to defendant and her husband; made…